High Court · 2025

Counsel for the Petitioner: SRI MIRZA SHAH NAWAZ BAIG Counsel for the Respondent No.1 to 3: SRI L.RAVINDER, A( P FOR REVENUE The Court made the following: ORDER ----7/ THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITIO N No.344O2 of2025 ORDER: This writ petition is filed seeking the following prayer ". . . to issue a writ of Mandamus declartng the inaction of the Respondent No.3 in not considering the notice dated 06.11.2024 ancl 12.06.2025 to provide Mandal Surweyor for the cxecution of the warrant of Commission in pursuant to the orders passed in lrA. No.12212024 in O S. No 276/20lO, dated 03.O9.2024 on the file oI Ilon'ble Xt Addl Distrrct and Sessions Judge, Ranga Reddy District at L.B.Nagar as illegal, arbitrary, unauthorrzed and violative of Articlcs l+, 21 and 3OO A of the Constitution of lndia and consequentl]' .lirect the ofhcial Respondent No.3 to consider the notice dated 06.11.2024 and 12.06-2025 given b1' the Petitioners..." Heard learned cot-lnsel for the petitioners and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue, appearing for respondent Nos.l to 3' Perused the record.

2. Learned counsel for the petitioners u'ould fairly submit that petitioner No.1 is party before the civil Court in O.S. No.276 of 20 1O on the file of the learned XI Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar, which was filed for suit for partition and a preliminary decree has been passed by the said civil Court' 2 Vide order dated 03.09.2024 tn I.A. No. 122 r No.276 of 2OlO, an Advocate Commissi I f 2024 in O.S. rer has been appoir-rted r-rndcr Order XXVI Rule 9 reacl ri i of C. P. C, 1 90il for the purpose of partit < h Section 191 ning the suit schedule properties bv metes and boun( I in terms of preliminan, decree \l,ith the assistance of Me with refercnce lo the title rlocuments of thr ndal Surveyor petitioner by taking neccssan- photographs and videograpl y and execute lhe process. He would submit that despite t: been issued b,y the said Court on 03.09.202 : warrant has 4, more than. one year has been lapsed, no action has beer Mandal Surve_yor so far though their cl,; implcment thc order passed by the trial Corr furthcr submit that since the regular presi,l not functiolting in rhe said Court, the peti i taken by the -v boun d to t. He would ng Officer is r ner has left r,r.ith r-ro option, filed this writ petition. 3 . Lcarned Assistant Government pleaclc;- fbr Revenue u.oulcl subrnir that if the petitioner is aggrieve: he ought to havc appro:rched Lhe civil Court q,here the petitioner party ilr O.S. No.276 of 2OlO. To implem,: rt the order 1S passed by the civil Court in O.S. No.276 of 2OlO, approaching this Court is nothing but illegal and against the procedure established by law. Hence, he '"vould seek to dismiss this writ petition.

4. Having heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue and upon careful examination of the materials placed before this Court, this Court is of the considered opinion that the petitioner has approached this Court under misconception seeking direction to the official respondent No.3, under I u,hom the Mandal Surveyor stated to have been functioning. As per the statutory provision, the petitioner ought to have approached the civil Court. However, since it has been submitted that the Presiding Officer is not functioning in the said Court, this Court deems it appropriate to direct respondent No.3 to consider the case of the petitioner to implement the order passed by the learned triai Court and pass appropriate order strictly in accordance with law as expeditiouslv as possibie. 4

5. With the above direction, this writ petitLr n is disposed of. There shall be no order as to costs. Miscellaneous applications, if any penc r -rg, shall also stand closed //TRUE COPYII SD/-A.V.S. PRASAD )EPUry REGISTRAR \r'' SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, I rlangana Secretariat, Hyderabad, State of Telangana.

2. the District Collector, Ranga Reddy, Having Office at Adibatla, lbrahimpatnam, Ranga Reddy, T-S.

3. The Tahsildar, lt4aheshwaram, Ranga Reddy District, 4. One CC to SRI MIRZA SHAH NAWAZ BAIG, Advocater OPUCI 5. Two CCs to GP FOR REVENUE, High Court for the ltate of Telangana at

3. 'l- Hyderabad [OUT]

6. Two CD Copies BSR LS HIGH COURT DATED: 1311112025 o O ( R 1HE S O3 JAll i \ l,c- . \o PArc ORDER WP.No.34402 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS G .k